Seminar promoted by OEC discusses impacts of the New Bidding Law

The changes and novelties to Act 14.133/2021 and its impacts on the bidding process were discussed in the “OEC Seminar: New Bidding Law and Administrative Contracts”, held last 7th, in São Paulo, with the participation of the Legal team, Business and Contracts directors, and commercial support from the Projects. The meeting was conducted by a team of specialists from Barros Pimentel, Alcantara Gil e Rodriguez Advogados (BP), a law firm with international performance in the legal implementation of public and private deals.

The seminar was an opportunity for the participants to deepen their knowledge about the main changes in the new law, sanctioned in April 2021, and with changes to take a effect by April 2023, when the normative will absorb three legal diplomas: the General Bidding Law (Act no. 8.666/1993), the Auction (Pregão) Law (Act 10.520/2002) and the Regime of Differentiated Contracting/RDC (Act 12.462/11), in addition to increasing several topics related to public contracting.

Structured in seven content blocks, the meeting contextualized the recent timeline of bidding laws in Brazilian law. Starting from Act No. 8666 and its value for efficiency, the firm showed how the rules were being changed in 2002 (the Auction Law), 2010 (strengthening of Act No. 8666 as a public policy), and 2011 (creation of the RDC), becoming a bureaucratic framework and generating constraints.

According to OEC’s Chief Counsel, Rodrigo Maluf, the new law will bring important changes to the infrastructure contracting scenario in the country, favoring greater speed, transparency, and modernization to the public contracting system. “We are going through a period of transition of laws and we need to be more and more capacitated around the new legal framework, which institutes a new contracting modality through the ‘competitive dialogue,’ besides other important alterations, such as the guarantee insurance,” reveals Maluf.

Sustainable Development

For BP specialists, the new law favors a greater opening of communication with the Administration, through the possibility of prior studies by the private sector. The modality is described in Article 6.

Other advances described by BP are in the governance and compliance mechanisms, aiming at to ensuring the smoothness of the bidding process, and in the tie-breaking criteria based on gender equity and integrity program. Sustainable development gains more importance in the Brazilian bidding scenario from now on.